Just six months ago the laws regarding mobile phone usage for drivers were updated, but some motorists are still confused over what they can and can't do.
Those unaware of the new laws are being urged to get clued up in order to avoid hefty fines, points on their licence, and potential bans for new drivers. Following the law change in March, 2022, it is now completely illegal to hold and use any mobile phone, sat nav, tablet or other devices which can send and receive data, whilst driving.
The only exception to this rule is when making 999 phone calls or using contactless payment at a drive-thru, according to industry experts at LeaseCar.uk and its sister site LeaseElectricCar.co.uk. Hands-free access (such as through voice-command systems) is also allowed under the new rules, so long as motorists aren’t holding the devices as they drive. You can get more news and other story updates straight to your inbox by subscribing to our newsletters here.
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This means that a smartphone displaying a maps app is allowed if it is in a cradle and not touched by the driver while driving, but confusingly, the same rule doesn’t apply to a fixed car infotainment system which the driver can touch. However, you could also receive a fine or points on your licence if the cradle holding your phone or satnav has been placed somewhere that could be deemed to obstruct your view.
The law change closes a previous loophole which technically permitted drivers to use and hold their phones, as it could be argued they were not using devices for ‘interactive communication’, as the law previously stated.
Devon and Cornwall councils are currently trialling mobile phone detection cameras which take pictures of motorists to see if mobile phones or other devices are being used or held whilst driving. These cameras could later be rolled out across the country, making roads safer and prosecuting those for breaking the law.
It is now completely illegal for those behind the wheel to even hold their phones or devices, even if they are switched off. The Highway Code makes it very clear that this law still applies to drivers stopped at traffic lights or in queuing traffic; when supervising a learner driver; or using a car which has automatic stop-start technology.
However, there are some exceptions to the rules surrounding mobile phone and touchscreen device usage which drivers need to stay aware of. In an emergency, motorists are legally allowed to call 999 or 112 whilst driving if it is impractical or unsafe to otherwise stop the vehicle.
Other exceptions are if the car is safely parked up, the driver is making contactless payment in the car which is not moving (such as in restaurant drive-throughs), or using a device to park a vehicle remotely. There are also rules when operating devices which have hands-free access - drivers are able to make use of hands-free devices in their cars, so long as they aren’t holding them whilst driving.
Hands-free access devices include Bluetooth headsets, voice command systems, windscreen mounts, dashboard holders or built-in sat navs. If drivers wish to turn off or otherwise use devices with hands-free access, such as changing directions on sat-navs and map apps, they must pull over and park up safely to operate the device legally.
Motorists caught holding or using mobile phones or other touchscreen devices whilst driving could face up to six points on their licence and a £200 fine, and for those who have passed their test in the last two years, their driving licence could be stripped away completely.
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